Question 1

The unlawful killing of a human being by another human being is _____.&#10;A) murder&#10;B) homicide&#10;C) manslaughter&#10;D) justifiable homicide

Accepted Answer

Homicide is the general term for the killing of one person by another. Murder is a specific type of homicide that involves malice aforethought, while manslaughter is a type of homicide that involves a lesser level of intent or negligence. Justifiable homicide is the killing of another person in self-defense or in defense of others, and is not considered unlawful. Therefore, the best answer is B, as it encompasses all forms of unlawful killing by one person of another person.

Question 2

The willful killing of a human being with malice aforethought, either expressed or implied is _____.&#10;A) murder&#10;B) homicide&#10;C) manslaughter&#10;D) justifiable homicide

Accepted Answer

The definition provided matches the definition of murder, which involves an intentional killing with malice aforethought. Homicide, on the other hand, is a broader term that refers to any killing of a human being, regardless of the circumstances or intent. Manslaughter involves a killing that was not premeditated or planned and may have occurred in the heat of the moment or during an unlawful act. Justifiable homicide refers to a killing that is considered legally justified, such as in self-defense or in the line of duty for law enforcement officers.

Question 3

This type of homicide may be committed intentionally, but without any evil design, and under such circumstances of necessity or duty as to render the act legal and not criminal.&#10;A) negligent&#10;B) excusable&#10;C) justifiable&#10;D) vehicular

Accepted Answer

Justifiable homicide is homicide that is legally and morally defensible. It is committed in self-defense or in the defense of others, or in the line of duty by police officers or military personnel. It is not considered a criminal act, and no charges are typically filed against the person who committed the homicide. Negligent homicide involves causing death through a lack of reasonable care, while excusable homicide involves causing death without intent but under circumstances that may be considered criminal. Vehicular homicide involves causing death through the use of a vehicle.

Question 4

This type of homicide is the killing of a human being, either by misadventure or in self-defense.&#10;A) excusable&#10;B) negligent&#10;C) justifiable&#10;D) vehicular

Accepted Answer

Excusable homicide refers to the killing of a human being that occurs either by accident (misadventure) or in self-defense, where the person committing the act is not held legally responsible.

Question 5

Following this doctrine from English law, one who, in the commission or attempted commission of any felony, caused another's death could be found guilty of:&#10;A) criminal homicide&#10;B) felony murder&#10;C) first-degree murder&#10;D) capital murder

Accepted Answer

Felony murder is a legal doctrine that allows a person to be charged with murder even if they did not intend to kill the victim. Under this doctrine, if a person caused the death of another person during the commission or attempted commission of a felony, they can be found guilty of felony murder. Therefore, option B is the correct answer. Options A, C, and D are incorrect because they do not accurately describe the specific situation outlined in this question.

Question 6

This is the intent to commit murder, accompanied by premeditation and deliberation:&#10;A) second-degree murder&#10;B) felony murder&#10;C) first-degree murder&#10;D) criminal homicide

Accepted Answer

First-degree murder refers to a premeditated and deliberate killing of another person. This means that the offender actively planned and thought through the act and intended to cause the death of the victim.

Question 7

This is the intentional killing of one human being by another without justification or excuse, but committed under the influence of passion induced by great provocation:&#10;A) voluntary manslaughter&#10;B) involuntary manslaughter&#10;C) vehicular manslaughter&#10;D) second-degree manslaughter

Accepted Answer

Voluntary manslaughter involves the intentional killing of another person but is committed under the influence of great provocation or in the heat of passion. This is different from involuntary manslaughter, which occurs when a death is caused by reckless behavior or criminal negligence, and vehicular manslaughter, which involves causing a death while operating a vehicle. Second-degree manslaughter typically involves causing a death through criminal negligence, but without the intent to kill or the extreme recklessness necessary for a higher charge like murder.

Question 8

This is the killing that occurs in the course of committing an unlawful act, or death occurs during the negligent commission or omission of an otherwise lawful act:&#10;A) voluntary manslaughter&#10;B) involuntary manslaughter&#10;C) vehicular manslaughter&#10;D) second-degree manslaughter

Accepted Answer

Involuntary manslaughter is the killing that occurs in the course of committing an unlawful act or death occurs during the negligent commission or omission of an otherwise lawful act. Voluntary manslaughter requires intent to kill or serious bodily harm, vehicular manslaughter involves killing someone with a vehicle, and second-degree manslaughter is a broad category that may include reckless behavior leading to death.

Question 9

Under common law, this is an unlawful touching, beating, wounding, or laying hold, however trifling, of another's person or clothes without his or her consent:&#10;A) domestic abuse&#10;B) assault&#10;C) abuse&#10;D) battery

Accepted Answer

Battery is the unlawful physical contact or use of force against another person's body or clothing. It involves intentionally or recklessly causing physical harm to another person without their consent. Assault, on the other hand, refers to the intentional attempt or threat to cause harm to another person, even if no physical contact is made.

Question 10

This is an unlawful restraining, unlawfully removing, or unlawfully confining a person against their will for ransom or other unlawful purpose:&#10;A) kidnapping&#10;B) abduction&#10;C) unlawful imprisonment&#10;D) criminal kidnapping

Accepted Answer

Kidnapping involves the unlawful taking or detention of a person against their will for the purpose of ransom or other unlawful purpose. Abduction typically involves the taking of a person without their consent or against their will, but does not necessarily involve a ransom or other unlawful purpose. Unlawful imprisonment and criminal kidnapping are similar but may have different legal definitions depending on the jurisdiction, and may not always involve a ransom or unlawful purpose.

Question 11

Offenders may be held responsible for accidental deaths that occur during the course of a felony under which rule?&#10;A) corpus delicti&#10;B) felony murder rule&#10;C) innocent bystander rule&#10;D) gang rule

Accepted Answer

The answer of Offenders may be held responsible for accidental...

Question 12

Not all states criminalize which of these acts?&#10;A) homicide&#10;B) manslaughter&#10;C) assisted suicide&#10;D) kidnapping

Accepted Answer

The answer of Not all states criminalize which of these...

Question 13

Which of the following crimes did not exist at common law?&#10;A) homicide&#10;B) battery&#10;C) kidnapping&#10;D) hate crimes

Accepted Answer

The answer of Which of the following crimes did not...

Question 14

Hate crime statutes generally have two components: prohibited acts and _____.&#10;A) protected groups&#10;B) suspects&#10;C) accepted norms in behavior&#10;D) gangs

Accepted Answer

The answer of Hate crime statutes generally have two components:...

Question 15

Most hate crime statutes include the following categories of protected groups EXCEPT _____.&#10;A) race&#10;B) religion&#10;C) sexual orientation&#10;D) gang membership

Accepted Answer

The answer of Most hate crime statutes include the following...

Question 16

If death did not take place within a year and a day of the time of receiving the wound, the law draws the conclusion that it was not the cause of death.

Accepted Answer

The answer of If death did not take place within...

Question 17

Under common law, death was defined as the cessation of brain activity.

Accepted Answer

The answer of Under common law, death was defined as...

Question 18

The difference between the two levels of murder is based on the actus reus.

Accepted Answer

The answer of The difference between the two levels of...

Question 19

Battery was any unlawful offer or attempt to injure another, with an apparent present ability to effectuate the attempt under circumstances creating a fear of imminent peril.

Accepted Answer

The answer of Battery was any unlawful offer or attempt...

Question 20

Mayhem is maliciously depriving another of the use of his limbs so as to make him unable to defend himself against adversaries.

Accepted Answer

The answer of Mayhem is maliciously depriving another of the...

Deck 5: Offenses Against Persons Excluding Sex Offenses